General News

A Chief in Garissa County is being accused of operating that office illegally.
A complaint against Abdirahman Makahil Rashid, a Chief II Gurufa location in Garissa County has been filed at various legal authorities within the country.
Through lawyer Suleiman Bashir, a complaint letter was written directed to Cabinet Secretary Ministry of Interior and Co-ordination of National Government, Chief Justice, the Departmental Committee of Administration & National Security, Attorney General and the president of Law Society of Kenya (LSK)on November 9,2020.
Bashir is requesting the authorities to intervene in ensuring that Makahil and the area County Commissioner upholds and comply with Court Orders as their continued conduct has occasioned prejudice and violation of the rights of the great people of Kenya.
The court orders issued on November 2,2020, requires Makahil to step aside pending the hearing and determination of the application in court that challenges his recruitment.
“Despite service of the order on the County Commissioner, Makahil has illegally assumed office of Chief II Gurufa Location in disregard of the court’s order,” added Bashir.
The complaint is about disrespect of court orders, violation of the constitution of Kenya 2020 and willful failure to uphold the rule of law by the North Eastern Regional Commissioner and the County Commissioner for Garissa County.
The letter says that on 14th October 2020, the Chief Magistrates’ Court at Garissa issued an Order in the matter of Employment Cause No. 6 of 2020.
The North Eastern Regional Commissioner and County Commissioner for Garissa, despite service of the Order on them, discarded and violated the very dictates of the said Order. 2 On 30th July 2020, the High Court of Kenya at Garissa had in the matter of Constitution Petition no. 9 of 2020 issued orders directed at the County Commissioner, Garissa County and the North Eastern Regional Commissioner.
“The duo chose not comply with the order which prejudiced our Clients’ rights. On 6th June 2020, the High Court of Kenya at Garissa issued orders directed at the County Commissioner for Garissa County in the matter of Petition No. 5 of 2020. The County Commissioner failed to abide by the Order,” reads the letter in parts.
“It is trite that although both the Regional Commissioner and the County Commissioner swore to protect and uphold the Constitution of Kenya 2010 on assuming office, they have committed to undermining the very oath they undertook,” added Bashir.
He added that by disregarding Court Orders, the Regional Commissioner and the County Commissioner equally disrespect the dignity and repute of the very public offices they hold. The duo has seemingly perfected the art and norm of disrespecting/disregarding Court Orders and have proven a law unto themselves.
Senior Resident magistrate Mr Ole Tanchu had last year restrained Abdirahman Makahil Rashid from physically accessing that office.
On February 2,2021 Makahil had also been stopped from discharging the functions of the said office and Deputy county commissioner, lagdera sub-county and Officer Commanding Station (OCS)Modogahse police station ordered to enforce those orders.
“Pending the hearing and determination of the application in court Makahil is restrained from accessing the office of chief II Gurufa location, Garissa County, “ruled Mr Tanchu.
At the same time, the magistrate restrained Commissioner Secretary, Public Service Commission from paying the salaries /allowances or other emoluments to Makahil in the capacity of Chief II of Gurufa location pending the hearing and determination of the suit.
In the Suit, Salah Dubat Sigat has filed an application seeking to suspend the operations of Makahil pending the hearing and determination of the suit in court.
Salat wants the court to nullify the recruitment process for the filing of the position of Chief II Gurufa location that was carried out on November 16,2019.
He argues that the position required one to be not less than 31 years of age, have a minimum of C plain in the Kenya Certificate of Secondary Education (KCSE) and be a resident of Gurufa location but Makahil did not qualify.
Through lawyer Bashir, Dubat says that Makahil did not meet the requirements of the recruitment because he was then 28 years instead of over 31 years as required.
“Makahil had sat for the Kenya Certificate of Secondary Education (KCSE) in the year 2011 at County High School in Garissa and attained a mean grade of D(plus),” added Bashir in the application.
Bashir says that Makahil is not even a resident of Gurufa location.
“Makahil failed to meet the mandatory requirements for the appointment to the position of Chief II Gurufa location and that this fact should have disqualified his candidacy,” added Bashir.
Bashir says that the appointment of Makahil is a barrier to vital constitutional right of the people of Gurufa location which is captured under article 56 cc of the constitution of Kenya 2010 in taking opportunities from marginalized people given that the recruitment served as an affirmative action.
“There was considerable delay before the results the recruitment exercised were announced which appeared odd and irregular to Dubat, the applicant, “added Bashir in the application.
He says that the entire recruitment process is compromised and therefore should be nullified.
“The entire process lacks fairness, transparency, openness and equality and was malicious,” says Bashir.
The lawyer says that the recruitment process is unlawful, illegal and contravenes the law.
The matter has been filed at the chief magistrate’s court at Garissa. The AG has since applied for more time to put in his response in the matter.
The matter will be heard on February 18,2021 at Garissa courts.

The Confederation Africaine de Football (CAF) and the digital television operator StarTimes are pleased to announce the signing of an agreement by which the media group obtains the broadcasting rights for the Total African Nations Championship, Cameroon 2020 (Total CHAN Cameroon 2020), scheduled from 16 January to 7 February 2021 in Cameroon.

Under this agreement, the operating license issued by CAF grants StarTimes the right to broadcast all the competition’s matches (a total of 32 matches) in the territories of sub-Saharan Africa.

The collaboration between CAF and StarTimes is the first of its kind between the two entities, with the ambition of offering African football fans wider access to one of CAF’s most important competitions. The agreement reinforces CAF’s ambition to facilitate access for the largest number of football fans in Africa to images of its top competitions.

Constant Omari, CAF Interim President said “We are delighted with this alliance with StarTimes, an internationally recognized group in the field of football broadcasting which enhances one of our most beautiful events, and brings together more and more public. Through this new partnership with a key player, we are expanding the audience of Total CHAN to make it an essential destination for football fans in Africa.”

“StarTimes is committed to promoting African football. This partnership with CAF marks a milestone for us. Working together with CAF to broadcast Total CHAN, StarTimes is now able to bring football fans throughout the continent closer to their favourite teams and players.”

The Total African Nations Championship is a tournament designed exclusively for footballers playing in their domestic leagues. The competition brings together 16 teams divided into four groups of four each.

There is insufficient material (writings) for creating awareness about Covid-19 among pupils in schools especially those with disabilities, Says an author.
Beatrice Nakholi, an author and a teacher has encouraged children not to untie the government rules on Covid-19.
Beatrice Nakholi who spoke during the International Day of Education celebrated yesterday, said that Covid-19 has taught Kenyans that education learning can also be done out of schools as it has been witnessed in the last 9 months where children were receiving knowledge virtually.
She has however raised concern over the rate at which school-going children are now failing to follow Government guidelines on the Covid-19 pandemic.

“I urge you to continue following the guidelines because the disease is still with us, don’t trust anyone because one could be having the disease,” she added
She however noted that schools are lacking enough reading books that are creating awareness on Covid-19 from Grade 1 to 3 noting that some classes are still clouded.
Nakholi who was speaking to a Standard reporter applauded the Government for creating awareness about Covid-19 through various media and also ensuring that schools are adhering to those guidelines but she said more need to be done.
I urge the students not to trust just anyone but should know that anyone can get covid-19. Despite all this, some classrooms are still clouded.
“Even before covid-19 schools have experienced many challenges and there is no enough equipment.”
“Covid-19 means one should take his or her responsibilities to protect themselves” she added
She added that for three weeks now, Kids are no longer tightening the measures maybe it’s because they have not seen anyone getting sick.
“All schools should also ensure that they have an aspect of psychological programs to curb the increased cases of violence against teachers,” she added.
She added that children need to be counseled because they could be afraid of exams which may lead to violence.
The author added that the day was an international event but Kenyan kids were not aware of it.
“Schools are doing their best and everyone is trying what they can some are doing it very well but others are not doing very well to carb the disease,” she added.
The challenge that came with covid is that everything was shut down and Government did a lot of effort but the challenge was that all people were unprepared.
“Covid-19 is your responsibility, please ensure you follow the rules and what the teachers are telling you,” she added.

Former nominated member of parliament Sonia Birdi has expressed concern over the state of farmers and their livelihoods both in Kenya and India.

Speaking to Justicetoday.co.ke at The Monarch Hotel Kilimani area, Sonia urged famers from minority groups and those from her origin Sikh community to use the right forum in repealing the farmers act lawfully and not through public demonstrations.

“I feel very strongly for rights that protect the rights of the minority groups. An exercise I am very vocal at. I respect the fact that you walked the talk when you did. My feelings are those of an upstanding, Sikh who will not watch people suffer when solutions are visible. Allow me to shed some light,” she said in her statement.

Recently, you have decided to ask the Government to repeal the whole act in totality whereas they are offering you an opportunity to compromise on the table, verse to verse. A process that is used when governments wish to engage stakeholders. There is a process that achieves it. In the same way, the law was made, is the same way that it can retrace its steps. In my opinion, use this occasion to negotiate your terms on paper and soon.

This is to your advantage. For the sake of many farmers seated out there in the cold, I beg you to “go home’. Let your chosen leaders be the front of your struggle. Please stop the death of innocent people during tough present times.

“This is my humble request and attempt to reconcile this issue. No need to make it political, there is no act in the world that can be repealed through violence and demonstration,” she added.

She urged them to feel free to contact her on the contact details provided herewith should they wish to discuss with her parts of the bill that are contentious as well as other issues they feel hinder the farmers and Panjab’s progress as a whole.

At the same time, Sonia rasied concern over the high-rate cases of rape among the teenagers in the country by their relatives.

She says it’s quite unfortunate that many young girls are leaving schools due to pregnancy with no place to have a shelter.

“Since Covid-19 broke out last year a number of young girls have been impregnated by friends or relatives and are left with no place to go” said Sonia

The vocal politician is now calling for the government and well-wishers to come up with structures where young girls who don’t have a place to live can be accommodated even as they await to be taken back to schools.

She also lauded the government for taking actions against the perpetrators of this act including the man who was sentenced to over 170 years for defiling her own two girls.

“I think the government needs to do a lot in terms of law to protect girls by enacting turf laws because I feel much more needs to be done.” Said Sonia.

Sonia sentiments come barely one week A 45-year-old man was sentenced to 140 years in prison by a Baricho Court after he pleaded guilty to defiling his two daughters in Dia, Kirinyaga County.

Cytonn Real Estate has handed over the third phase of its Sh 5 billion flagship project, The Alma, on Tuesday December 22,2020.

It delivered this phase of the project in just under two months after handing over phase II of the same. Phase I was 100% sold out by the date of the handover with phase II already gathering almost half occupancy rate.

Speaking at the handover ceremony held at the Alma in Ruaka, Chairman of the Cytonn Board and Vice-Chancellor at The University of Embu, Prof. Daniel Mugendi, applauded the project’s progress and the speed it has been developed.

“Seeing the efforts that have been put in order to see this project grow to its third phase delivery today, I can say that Cytonn is committed to making a change in the sector. I’m proud to be privileged to witness the progress of this project today,” Prof Mugendi noted.

Cytonn Real Estate has invested Sh 5 billion in the flagship project that is revolutionizing the real estate sector in Kenya.

The developer handed over phase III of the project on 22^nd December with the fourth and final phase set to be handed over in Q1 2021. The comprehensive lifestyle development shows Cytonn Real Estate’s commitment to realizing Kenya’s housing goals.

In his part, Cytonn Group Chief Executive, Edwin H. Dande, affirmed Cytonn’s focus on the Ruaka project that is aimed at addressing the housing problem in the country.

“Majority of urban dwellers in Nairobi live in very basic dwellings without comprehensive lifestyle amenities, reliable water and power supply. Cytonn Investments seeks to address this problem by building comprehensive lifestyle developments, such as The Alma, that provides these amenities,” Mr Dande said.

Located in Ruaka, which is a 30-minute drive from Nairobi’s central business district (CBD), the Alma is a next-generation real estate project encompassing 477 modern apartments as well as other social amenities.

In its phase III handover, Cytonn Real Estate has handed over 120 units.

Kenya Trade Remedies Agency (KETRA) board has been urged to advise the government to implement appropriate policy tools to save the Kenyan industries that are threatened with collapse.

During a three-day training of the Board members at Sarova Stanley Hotel in Nairobi, they were urged to take immediate steps to help industries like glass, paper, steel and cables that are facing stiff competition from dumped or subsidized imports.

 Unless addressed immediately, the board was told that Kenyan manufacturers are faced with extinction and the risk of Kenya slumping deeper into import dependency with resultant job losses.

Speaking during the workshop, Mr. Daniel Achach, an international trade law and trade policy expert informed the Board that the creation of KETRA under the Kenya Trade Remedies Act 2017 is a monumental step towards Kenya the policy space to apply trade remedy measures against imports that are dumped or subsidized.

“The remedy of safeguards accords this country a wide policy space to protect infant industries to grow and become competitive. It shall behoove the Board to study the domestic industry, identify which sectors are strategic to the country and advise the government to apply safeguard measures to protect and grow such sectors.” He posited.

During the same training, Hon. David Ochieng, also an expert in international trade and who played a key role in the drafting and enactment of the Kenya Trade Remedies Act advised the Board Members to take it upon themselves to stem the demise of Kenyan industries.

 He cited glass and paper industries as among those sectors in Kenya that are threatened with extinction from unfair trade practices from Kenya’s trading partners.

A law firm has written to the Director of criminal investigations(DCI) George Kinoti calling for investigations against Cytonn High solutions LLP (CHYS) and the Capital Markets Authority(CMA) over suspected fraud of Sh44million from investors.

In a letter dated December 16, lawyer Nicholas Orinda of ONE & Associates LLP, wants Kinoti to investigate them on claims that they exposed his clients on huge financial risks.

He says he has instructions from his six clients that on diverse dates they executed contracts for investments with Cytonn company of Sh44,046,582.

“Besides, failing to honor obligations stipulated in the said contracts upon maturity of the investments, CHYS has ignored notice over intentions to file a report with the Directorate of Criminal Investigations (DCI) to no response for purposes of investigating its conduct in handling our clients’ investments in a manner our clients’ have reason to believe has put the said investments at a huge risk”, Orinda states in the letter.

He further says that his clients have a reason to believe that the conflicting accounts and responses by Cytonn High Yield Solutions LLP (CHYS) points to a potential fraud in management of the said investments.

According to him, his clients want CHYS to pay a total of Sh44,046,582 to his clients together with interest.

The lawyer further says that in September 2020, the Capital Markets Authority (CMA) had raised concerns that one of the funds managed by Cytonn High Yield Solutions LLP and debt security raised from investors under the name and style of Cytonn Project Notes LLP.

It posed risk to the investing public pursuant to complaints filed against it for failure to pay Kenya Shillings 122.8 million upon maturity of the funds.

“Pursuant to the mandate under the Police Service Act No. 11A of 2011 the Directorate of Criminal Investigations (DCI) is charged with the responsibility to not only maintain law and order, conduct forensic analysis but also undertake investigations on serious crimes including but not limited to economic crimes and organized crimes”, the letter reads.

Orinda says that his firm instruction is to seek the intervention of the DCI office in investigating both CHYS for possible fraud and the Capital Markets Authority (CMA) respectively .

The two are charged with the prime responsibility of supervising, licensing and monitoring the activities of market intermediaries under the Capital Markets Act CAP 485A Laws of Kenya for possible oversight in its regulatory duties that exposed his clients and several other unsuspecting investors to huge commercial risks.

It is worth noting that while our clients entered into contracts with Cytonn High Yield Solutions (CHYS) LLP, subsequent correspondences and deposits of the sums aforementioned involved several other entities not privy to the contract including but not limited to Cytonn Project Notes LLP, Cytonn Investment Management PLC and Cytonn Investments.

He says his clients are available and ready to record statements pursuant to Kinoti’s response and directions in the matter.

The letter has been copied to the ODPP, EACC, CMA and CHYS.

Daniel Mainye one of directors from Cytonn said he will peruse his files and see whether that letter was received.

he added that if it was received,the company legal team will respnd to it.

“There is no malice on our side because we have been in constant communication with our clients, there are some agreements we made with them in case of natural calamities and they all understanding that we are going through Covid-19 pandemic, They should exercise little patients as we are working on the pending matters, “said Mainye on phone Interview with JusticeToday.co.ke reporter.

The luxurious Glo-JET International Corp has started flying in Peru with the aim of expanding its wings globally.

Peru country has excellent regional commercial relationships and takes part in international forums looking for the strengthening of the multilateralism.

It is rumored that since the 2017, Glo-JET International Corp would commence operations in Lima – PERU, the dream that has now been fulfilled.

Peru Department of Transportation has allowed Glo-Jet to operate the route.

The President in charge of Human Capital and Emerging Markets Captain Greg Gates said, “Glo-JET has incredible footprints in 46 countries around the globe.

Glo-JET’s Chief Pilot and Director of Flight Operations, Captain Niklas Kyöstilä said “We love what we do. Our operations in Peru are there to make Private Jet Charter experience a classic epitome of class which is second to none.

He assured the clients of a pedigree service, devoid of laxity.  Niklas said that from takeoff to landing, one will have an advisor to assist you with every detail and all concerns shall, hitherto, be answered in a timely manner.

“Glo-JET is always available to respectfully respond to your questions and concerns with live flight support specialists available 24/7.” He added.

The charter service in Peru allows one to depart when they want and choose the JET of their choice like Citation, Falcon, Gulfstream, Global Challenger, Global XRS, Global 6000, Boeing Business Jet and even Jumbo Jets. The company plans to officially launch a commercial airline in the June 2021. “Plans are in top gear to establish Glo-JET Airline here in PERU.” said Capt. Greg.

According to The Economist, Peru is currently providing individuals and companies with great investment opportunities.

 The region has excellent regional commercial relationships and takes part in international forums looking for the strengthening of the multilateralism; that is why Peru is a member of the Pacific Alliance, an organization that seeks to facilitate the liberation of trade in goods and services, the free movement of people and capital, and to promote mechanisms for cooperation among member countries (Mexico and Colombia).

Glo-JET is expanding across South America – and the returns is pretty much impressive to sustain the exponential growth. This assertion was emphasized by company’s leadership during the interview.

Gatundu South MP Moses Kuria is today a successful politician partly because of huge role the Jaramogi Oginga’s family played in saving him from oblivion.

Though Kuria is fond of attacking and tainting the first Vice President’s family, he is hugely indebted to them.

Were it not for Oginga’s help he offered Kuria and his friends when they were students at the University of Nairobi (UoN) the vocal MP’s future would have gone to waste.

It was because of Oginga he was not expelled from UoN and he retained his position in then Student Organisation of Nairobi University (SONU).

In an interview Kuria has admitted how Oginga helped them and is always indebted to him even him his relationship with Oginga’s son Raila Odinga is fickle.

It was in 1992 Kuria was elected treasurer of SONU but the varsity management had plans to expel him alongside other elected colleagues.

They needed the court to save them but they could not afford a lawyer. Kuria led his colleagues to Oginga to seek help.

Oginga sympathised with them and instructed lawyer Tom Kajwang (Now Ruaraka MP) to represent them in court.

Kuria was barely 12 hours from being sent away from the university but Kajwang managed to get a court injunction.

“If Jaramogi did not help us get the court injunction I would be chopping stones in quarries in my village” Kuria said in youtube interview.

They went back to UoN and continued with their learning while still holding the posts they were elected in SONU.

A city pastor is in trouble after he allegedly impregnated a lady in Murang’a then abandoned her suffering.

The lady (name withheld) has threatened to sue the said pastor identified as Nicholas M Mwangi of Utukufu Sanctuary at Membley, Ruiru.

Their affair started beginning of this year in Murang’a but things went sour in September when the lady revealed she was pregnant.

She narrated how the once love-struck duo started well but in seven months’ time, they parted ways and a quarrel ensued that she claims left her nursing ulcers but cannot afford to get treatment.

“The relationship started end of January. From then on, he would come to Murang’a on weekends, and sometimes roll over to weekdays. He was a BOM teacher so when schools closed because of Corona he no longer had to be in the school. He used to teach at Kamuiru boys in Kirinyaga County. I trusted his intentions when he said he was committed to the relationship leading to marriage” she said.

In a demand letter sent to Pastor Mwangi, she claims she loaned him Sh14, 000 but once he secured a job in a company in Nairobi, he declined to refund her, abandoned her and denied responsibility of the pregnancy.

“We continued living together and when I got pregnant in September that’s when his attitude changed. That time he got a job in Nairobi and since then he distanced himself and even when I tried reaching out to him because I am having a really difficult pregnancy, he turned very abusive verbally” she added.

She claims the pastor has been telling people at his work place that he doesn’t know her and that the pregnancy is not his but the lady claims some of his clothes are in her house.

When texted and later contacted about the claim, Pastor Mwangi dodged the pregnancy matter but admitted he was aware of the allegations and that his lawyer was addressing it.

He insisted he owes her Sh9, 000 that he purported they agreed on how to reimburse in installments.

In addition to denying parental responsibility the accused is also sued for portraying the complainant as of immoral character.

“Your said conduct represents our client to the said third parties as a lady of immoral character which is defamatory to her. This shall neither be accepted or tolerated. Your said defamation of our client has caused her immense trauma, mental anguish and distress and is most unfortunate and distasteful in the circumstances” reads the demand letter.

The accused claimed he too was heading to court to challenge the matter.